Daily Journal

For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com

Daily appellate reports

Sign up for Daily Journal emails

Search Filters

Filter by date

to

Search by Case Name

Search by Judge

Search by Case Number

Search by DJ Citation Number

Search by Category

Search by Court

Case #	Name	Category	Court	Judge	Published
10-56529	Palomar Medical Center v. Sebelius Medical center cannot appeal initial decision to reopen Medicare patient's claim because such decisions are final.	Health Care			Sep. 12, 2012
A132805	Shuts v. Covenant Holdco LLC Resident in understaffed nursing home may sue facility despite absence of language in administrative regulations because patient's rights cannot be waived.	Health Care			Aug. 16, 2012
11-35254	International Rehabilitative Sciences Inc. v. Sebelius Medicare Appeals Council properly denies coverage claims for medical device used to treat osteoarthritis where its decision was not arbitrary or unsupported.	Health Care			Jul. 31, 2012
11-55175	Back v. Sebelius Medicare hospice beneficiaries may administratively appeal hospice provider’s refusal to provide drug and thus, claim seeking such administrative process is moot.	Health Care			Jul. 6, 2012
11-393	National Federation of Independent Business v. Sebelius Patient Protection and Affordable Care Act's individual mandate, which required individuals to maintain health insurance coverage, is constitutional under Taxing Clause.	Health Care			Jun. 29, 2012
11-35026	M.R. v. Dreyfus Preliminary relief is appropriate where plaintiffs showed likelihood of irreparable injury due to reduced access to personal care services placing them at risk of institutionalization.	Health Care			Jun. 19, 2012
12-55067	Managed Pharmacy Care v. Sebelius Restrictions on Medi-Cal reimbursement rate reductions improperly contravene authority of Secretary of Dept. of Health and Human Services.	Health Care			May 29, 2012
B232188	People v. Guiamelon Federal Medicaid anti-kickback statute does not preempt California’s anti-kickback statute where they shared consistent purpose of providing patient access to care.	Health Care			Apr. 24, 2012
C064095	California Association for Health Services at Home v. State Dept. of Health Care Services Although Dept. of Health Care Services is not required to consider provider costs in reviewing Medi-Cal reimbursement rates, review did not show rates were sufficient to enlist enough providers.	Health Care			Mar. 27, 2012
A131049	California Society of Anesthesiologists v. Superior Court (Brown) Governor does not abuse discretion in opting California out of federal law requiring physician supervision over nurse anesthetists to receive Medicare reimbursements.	Health Care			Mar. 18, 2012
E053414	Nesson v. Northern Inyo County Local Hospital District Lawsuit arising from challenge to hospital peer review activities constitutes official proceeding, which is subject to anti-SLAPP motion to strike.	Health Care			Mar. 7, 2012
09-958	Douglas v. Independent Living Center of Southern California Inc. Ninth Circuit must reconsider whether California’s amendments to Medicaid program violates Supremacy Clause in light of agency’s approval of amendments.	Health Care			Feb. 23, 2012
B233759	Kaiser Foundation Health Plan Inc. v. Superior Court (Rahm) Code of Civil Procedure Section 425.13 does not bar patient from seeking punitive damages in claim against health care service plan.	Health Care			Feb. 16, 2012
10-16426	Hutcherson v. Arizona Health Care Cost Containment System Administration State may recover medical care costs from spouse's annuity, which was created in order to spend down assets to qualify for Medicaid.	Health Care			Jan. 30, 2012
11-35026	M.R. v. Dreyfus Preliminary relief is appropriate where plaintiffs showed likelihood of irreparable injury due to reduced access to personal care services placing them at risk of institutionalization.	Health Care			Dec. 19, 2011